2018 8:01 am sherri adelstein · 30-03-2018 · 1450 east mckinney street 2nd floor denton, texas...

1

Judge Jonathan Bailey 431st District Court Denton County Courts Building 1450 East McKinney Street 2nd Floor Denton, Texas 76209-4524 March 30, 2018 Re: Jason L. Van Dyke v. Thomas Retzlaff Case # 18-2793-431 Dear Judge Bailey,

According to Twitter, Jason Van Dyke is claiming that you have

signed some kind of restraining order against me. I look forward to reading

the reporter’s record from the hearing to see exactly how it is that all this

supposedly happened. And his $100 million lawsuit against me, too!

This letter does not constitute in any way, shape, or form an “Answer”

to Van Dyke’s claims or my submission to your “jurisdiction”. As you

know, a defendant can correspond with the court without waiving the special

appearance or the motion to transfer venue. I have not been served with

anything. All I am going by is what some random persons have posted on

The Internet. I am just worried that a lunatic might have gotten ahold of

your rubber stamp, Judge Bailey, and did something stupidly crazy (not to

mention unconstitutional!).

As you are no doubt aware, the United State Supreme Court has

repeatedly held that the right to boycott, the right to contact businesses and

FILED: 4/2/2018 8:01 AMSHERRI ADELSTEINDenton County District ClerkBy: Elizabeth Jones, Deputy

FILE: This is considered Ex Parte Communication and will not be given to the Judge.

2

the employers of racists fucks (such as Van Dyke), is Constitutionally

protected. NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982),

Organization for a Better Austin v. Keefe, 402 U.S. 415 (1971).

Thus, I am concerned that the lunatic who got ahold of your rubber

stamp fails to comprehend such basic legal concepts as prior restraint.

In any event, Jason Lee Van Dyke is a Nazi, racist piece of human shit

who has absolutely no business being a lawyer.

3

Now Judge Baily, I understand that you are very good friends with

Van Dyke and you probably wanna help your buddy out. But do you really

think that is a good idea? If word gets out that you are buddies with a racist

Nazi, and are signing BULLSHIT ex parte orders on his behalf, what will

the public think?

(No doubt Van Dyke is a pedophile, too. He has that “look” about him.)

As you know by now, Judge Bailey, Texas State Bar President Tom

Vick has just issued a public statement to Huffington Post Senior Reporter

Andy Campbell condemning Van Dyke in the strongest possible terms. You

can read the article right here:

https://www.huffingtonpost.com/entry/lawyer-anti-fascist-

lawsuit_us_5a0aefbee4b0b17ffce028fe

https://www.huffingtonpost.com/entry/lawyer-anti-fascist-lawsuit_us_5a0aefbee4b0b17ffce028fe

https://www.huffingtonpost.com/entry/lawyer-anti-fascist-lawsuit_us_5a0aefbee4b0b17ffce028fe

5

Van Dyke will face a disbarment tribunal in Dallas for violating Disc.

Rules of Prof. Conduct, Rules(s) 4.04 (a); 4.04 (b); 8.04 (a)(2); 8.04 (a)(4).

As you know, Rule 4.04 deals with Respect for Rights of Third

Persons. Calling people niggers and faggots and threatening to murder them

is hardly respectful to 3rd parties, wouldn’t you agree? Especially when he

does this to opposing parties in ongoing lawsuits!

Rule 8.04(a)(2) prohibits a lawyer from committing a serious crime or

commit any other criminal act that reflects adversely on the lawyer's

honesty, trustworthiness or fitness as a lawyer in other respects. While

8.04(a)(4) deals with engaging in conduct constituting obstruction of justice.

By the way, when you are pending a disbarment proceeding and

facing the permanent revocation of your license to practice law, is it really a

good idea to send the complainant a series of emails from your official law

firm email account saying:

1. You are a dead man. 2. You’d better have your Will made out – I’m coming for you. 3. See you this weekend with my rifle. 4. I can’t wait to see your fat ass on the other end of my scope. Did you know that a 190 grain 300 Winchester Magnum round travels at approximately 2,800 feet per second? 5. lol – you are a dead man. enjoy it while it lasts!

6

And then to top it off by filing a lawsuit against me in your court

claiming $100 million in damages that is clearly a SLAPP!!

Yeah, that’s what this racist fuck did to me, Judge Bailey!

In any event, the purpose of my letter is not to point out the

ridiculously unconstitutional nature of whatever BS restraining order Van

Dyke might or might not have. Nor do I wish to point out how utterly

unenforceable any alleged TRO’s from your Texas court are across state

lines in Arizona. And I most certainly do not want to argue how Van

Dyke’s “personal jurisdictional” claims are complete BULLSHIT in light of

recent holdings from both the Texas Supreme Court and the U.S. Supreme

Court in recent internet cases.

No, sir. I will save those arguments for another date, before a better

judge.

But what I do want to ask (and the entire point of this letter) is:

What are your procedures for the filing of a motion to have the

Nazi, racist pedophile piece of human garbage that is Jason Lee Van

Dyke declared a Vexatious Litigant pursuant to Texas Civil Practice &

Remedies Code chapter 11?

7

I ask because a very close and personal friend of mine (who is an

actual lawyer for a very prestigious law firm) has found out and documented

that Van Dyke has, in the seven-year period immediately preceding today,

commenced, prosecuted, or maintained at least five litigations as a pro se

litigant (other than in a small claims court) that have been finally determined

adversely to Van Dyke. See Tex. Civ. Prac. & Rem. Code § 11.054(1).

Wow!

So should I ever get properly served with this lawsuit, one of the very

first things that I will be filing is a motion to declare Van Dyke a vexatious

litigant. And once that is out of the way, all of this BULLSHIT will get

immediately removed to the federal court in Sherman.

Respectfully submitted,

__________________ Thomas Retzlaff 2402 E. Esplanade Ln. PO Box 46424 Phoenix, AZ 85063-6424 email: [email protected] Ph# (210) 317-9800

mailto:[email protected]

CHAIR DAVID N. KITNER

EXECUTIVE DIRECTOR & GENERAL COUNSEL CHRJSTINE E. McKEEMAN

VICE CHAIR RAMON I. ECHEVARRIA JI

MEMBERS ROBERT A. lllACK JEANNE C. "CF.7.Y'; COLLINS DAVID M. GONZALEZ WENDY ADELE HUMPHREY ROL.ANO K. JOHNSON KATHERINE A. KINSER JOHN J. "MIKE" McKETfA Ill MJKEMILLS DEBORAH PULLUM C~F.ORGEA. TAYLOR

Thomas C. Retzlaff PO Box 46424

THE BOARD OF DISCIPLINARY APPEALS APPOINTED BY THE SUPREME COURT OF TEXAS

March 08, 2018

Phoenix, AZ 85063-6424

RE: Disposition of Appeal Notice Thomas C. Retzlaff v. Jason Lee Van Dyke 201707583; BODA Case No. 60085

Dear Mr. Retzlaff:

DEPUTY DIRECTOR/COUNSEi. GAYLE RJLEY VICKERS

EXECUTIVE ASSISTANT JACKIE L. TRurrr

On March 08, 2018, the Board of Disciplinary Appeals appointed by the Supreme Court of Texas considered your appea I from the dismissal of the above grievance by the Office of the Chief Disciplinary Counsel of the State Bar of Texas.

After reviewing the grievance as filed with the State Bar Chief Disciplinary Counsel's office and no other information, the Board grants the appeal, finding that the grievance alleges a possible violation of the following Texas Disciplinary Rules of

Professional Conduct:

Rules(s) 4.04 (a); 4.04 (b); 8.04 (a)(2); 8.04 (a)(4)

The Board of Disciplinary Appeals will now return the case to the Office of the Chief Disciplinary Counsel for investigation and a determination whether there is just cause to believe that the attorney has committed professional misconduct. The Office of the Chief Disciplinary Counsel will notify both parties of each step of the process, including asking the attorney to respond to the complaint. For information concerning the handling of the case from this point forward, please contact the regional Office of the Chief Disciplinary Counsel in charge of your case.

Information concerning the disciplinary system, the Texas Disciplinary Rules of Professional Conduct, and the Texas Rules of Disciplinary Procedure are available at www.texasbar.com. The Board's Internal Procedural Rules are available at www.txboda.org.

GRV/jt

cc: Jason Lee Van Dyke

Laura Popps State Bar of Texas PO Box 13287 Austin, TX 78711 (512) 427-1350 (877) 953-5535 toll free

Very truly yours,

~~ Gayle Vickers Deputy Director & Counsel

POST OFFICE BOX 12426 AUSTIN, TEXAS 7871 I TEL: (512) 427-1578 FAX: (512) 427-4130 TXBODA.ORG

DA faces employment lawsuit | Business | victoriaadvocate.com https://www.victoriaadvocate.com/news/business/da-faces-employment-...

1 of 4 29-Mar-18, 5:47 PM


2 of 4 29-Mar-18, 5:47 PM


3 of 4 29-Mar-18, 5:47 PM


4 of 4 29-Mar-18, 5:47 PM

A G r o u p C o m p l a i n t A b o u t L a w, L i b e r t y , A n d L e i s u r e

Texas Attorney Jason L. Van Dyke: Fraudulent Buffoon, Violence-Threat... https://www.popehat.com/2017/07/09/texas-attorney-jason-l-van-dyke-fr...

1 of 107 29-Mar-18, 10:05 AM


2 of 107 29-Mar-18, 10:05 AM


3 of 107 29-Mar-18, 10:05 AM


4 of 107 29-Mar-18, 10:05 AM


5 of 107 29-Mar-18, 10:05 AM


6 of 107 29-Mar-18, 10:05 AM


7 of 107 29-Mar-18, 10:05 AM


8 of 107 29-Mar-18, 10:05 AM


9 of 107 29-Mar-18, 10:05 AM


10 of 107 29-Mar-18, 10:05 AM


11 of 107 29-Mar-18, 10:05 AM


12 of 107 29-Mar-18, 10:05 AM


13 of 107 29-Mar-18, 10:05 AM


14 of 107 29-Mar-18, 10:05 AM


15 of 107 29-Mar-18, 10:05 AM


16 of 107 29-Mar-18, 10:05 AM


17 of 107 29-Mar-18, 10:05 AM


18 of 107 29-Mar-18, 10:05 AM


19 of 107 29-Mar-18, 10:05 AM

▲

▲


20 of 107 29-Mar-18, 10:05 AM


21 of 107 29-Mar-18, 10:05 AM


22 of 107 29-Mar-18, 10:05 AM


23 of 107 29-Mar-18, 10:05 AM

▲


24 of 107 29-Mar-18, 10:05 AM

Lawyer Suing Anti-Fascist For Calling Him Nazi Sent Death Threats, Racial Slurs On Twitter | HuffPost

https://www.huffingtonpost.com/entry/lawyer-anti-fascist-lawsuit_us_5a0aefbee4b0b17ffce028fe[30-Mar-18 4:11:50 PM]

�� EDITION

POLITICS 11/14/2017 02:45 pm ET | Updated Nov 15, 2017

Lawyer Suing Anti-Fascist For Calling HimNazi Sent Death Threats, Racial Slurs OnTwitterThe Texas State Bar told HuffPost that it condemns Jason Van Dyke’sstatements “in the strongest terms.”

By Andy Campbell

TWITTER

A Texas lawyer recently suspended from Twitter for threatening to kill a “f**king n****r” as well as

Subscribe to the Politics email.How will Trump's administration impact you?

CO9

[email protected] SUBSCRIBE

Addacomm

1



an entire family is suing an anti-fascist journalist for a post referring to him and fellow members of afar-right group as neo-Nazis.

Attorney Jason Lee Van Dyke, who represents a far-right group with connections to whitesupremacy called the “Proud Boys,” filed a libel suit against journalist Gerry Bello in October.

Bello had called several of Van Dyke’s peers neo-Nazis, and claimed they dropped swastika-ladenfliers in Ohio residents’ mailboxes in an article on hyperlocal news site The Mockingbird.

“What is happening is a neo-Nazi intimidation campaign, consisting of fliers on poles, fliers onporches, swastikas shoved into homes and an armed Nazi gang based in Columbus roaming thenation looking for a chance to shoot someone,” Bello wrote.

Van Dyke took offense to those and other comments in Bello’s article, claiming the remarksconstituted defamation, and sent a “Notice of Intent to File Lawsuit” to Bello on behalf of the ProudBoys. Bello issued a response on the site, making a number of statements about Van Dyke,including calling him a Nazi. Van Dyke, in turn, filed a libel suit based on that response.

Late Monday night, Bello’s attorney filed a response to Van Dyke’s suit, denying libel and providingwhat he deems evidence that Van Dyke and the Proud Boys are, at the very least, violent racists.

The case pits a man with ties to white supremacists against an anti-fascist activist. For his part,Bello, who’s based in Columbus, Ohio, has no problem calling the Proud Boys neo-Nazis. As hetold HuffPost, “It’s got feathers and it quacks.”

Meanwhile, there are numerous other articles that note the Proud Boys’ ties to white supremacy.One of the group’s members helped to organize the white nationalist rally in Charlottesville,Virginia.

The Proud Boys have consistently denied these associations.

Bello’s lawyer, Randall Kallinen, hasn’t had much trouble arguing in support of his client. In a courtfiling responding to the libel suit, Kallinen showed that Van Dyke has a history of posting targeteddeath threats and racist epithets online.

“Look good and hard at this picture you fucking n****r,” Van Dyke tweeted in 2014, alongside apicture of a noose. “It’s where I am going to put your neck.”

“Your kiddies are quite a nuisance,” he wrote in another tweet. “My advice: run and hide. If I findyou, I WILL kill both you and your family.”



Both comments were outlined in Bello’s response to Van Dyke’s lawsuit, which is ongoing and willbe handled in a Denton County court in Texas.

The tweets resurfaced last week when rapper Talib Kweli shared them alongside Van Dyke’sbusiness address and phone number. The rapper says he also faces suspension from the socialmedia platform.

On Tuesday, Van Dyke confirmed to HuffPost that he made the statements years ago after“hackers” posted his social security number online and threatened him, he said. He also noted thathe plans to sue Kweli.

“I regret my choice of words, but I absolutely do not regret threatening those people,” he said.

Van Dyke refused to address his libel suit against Bello specifically, but his past comments mayvery well dismantle his case that is, if he’s not disbarred first. A spokesperson at the State Barof Texas, where Van Dyke practices, confirmed to HuffPost on Tuesday that they’d forwarded thestatements to their disciplinary arm.

“The statements attributed to this individual are reprehensible and contrary to the values we holdas Texas lawyers,” State Bar of Texas president Tom Vick said in an email to HuffPost. “I condemnthem in the strongest terms.”

The agency doesn’t comment on pending investigations, however, so it’s unclear whether the StateBar has opened a case against Van Dyke.

Van Dyke seeks $100,000 in damages from Bello. In his lawsuit, he denies being a Nazi and callsBello an associate of the “domestic terrorist group known as ‘Antifa.’”

Kallinen told HuffPost that he’ll seek to get the lawsuit dismissed based on Texas’ anti-SLAPP (or



“Strategic Lawsuits Against Public Participation”) statute, which essentially allows judges todismiss lawsuits early if they’re deemed an attempt to silence a defendant’s free speech.

CORRECTION: This article initially stated that Van Dyke sought a retraction of Bello’s story in hislawsuit. Rather, he sought that retraction in a “Notice of Intent to File Lawsuit” letter sent to Bello.The article has been updated with details to differentiate between the notice of intent and thelawsuit itself, which focused on a second posting by Bello.

Do you have information you want to share with HuffPost? Here’s how.

Andy Campbell �Senior Reporter, HuffPost Suggest a correction

MORE:

BEFORE YOU GO

U.S. News Hate Speech Twitter Hate Crimes Texas

You May Like by TaboolaSponsored Links

XX

2018 8:01 am sherri adelstein · 30-03-2018 · 1450 east mckinney street 2nd floor denton, texas...

Documents